730-436 Principles of Labour Law

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and Philosophy of Law.

Semester

Contact

Subject Description

The role of law in regulating employment relationships. The origins of the Australian labour law system. Modes of regulating individual employment relationships; the employment contract; direct statutory and tribunal regulation of employment conditions; regulation of atypical employment contracts; Anti-Discrimination provisions in application to employment situations. The Federal system of labour law (the Industrial Relations Act 1988 (Cth)); the constitutional parameters (including international obligations); conciliation and arbitration; collective bargaining (both within the formal system and outside); enforcement of the formal system. Trade unions; registration and objects; internal regulation; organisational security; trade unions and their relations with members, officials and non-conformers. Industrial conflict and direct actions. Common law liability for industrial action. Statutory regulation of industrial action, penalties under the Federal Act, the right to strike. State systems of law; the Employee Relations Act 1992 (Vic). Legal regulation of workplace health and safety and workers compensation.

Assessment

A 3000 word Case Study of an industrial relations dispute (30%) and Final Exam 3 hours (70%).

Prescribed Texts

Materials will be issued by the Law School.

• B Creighton and A Stewart, Labour Law: An Introduction. Federation Press, Sydney.
• Act, Industrial Relations Act. 1988 (Cth).